Food Business News - Apr 13, 2010 - 1

April 13, 2010

FOODBUSINESS NEWS
NEWS, MARKETS AND ANALYSIS FOR THE FOOD PROCESSING INDUSTRY

www.foodbusinessnews.net

Dean Foods antitrust
case moves forward
MILWAUKEE - The U.S. Department
of Justice's antitrust case against Dean
Foods Co. will go forward, according to
the ruling of J.P. Stadtmueller, U.S. District Court Judge for the Eastern District
of Wisconsin. Dean Foods had filed a motion to dismiss the case.
In the decision, Judge Stadtmueller criticized the Department of Justice's case, saying it lacked "specificity in content associated with the underlying complaint." But
the judge found the shortcomings not to be
sufficient enough to warrant dismissal.
On Jan. 22, the D.O.J., in conjunction
with several states attorneys general, filed
Continued on Page 21

F.D.A. inspected 24% of
food facilities in 2008
WASHINGTON - Through 2008, the
U.S. Food and Drug Administration was
inspecting fewer than a quarter of food
facilities each year, and 56% of food facilities had gone five or more years without
inspection, according to a recent report
from the Department of Health and Human
Services' inspector general. The report
prompted a call by Senator Tom Harkin of
Iowa to pass food safety legislation.
Subsequent to 2008, federal budget allocations have allowed for the hiring of more
inspectors and inspection of facilities.
Between fiscal years 2004 and 2008,
the F.D.A. inspected annually an average of 24% of the food facilities subject
to inspection, and there are no specific
guidelines that dictate the frequency
Continued on Page 20

Story on Page 37

Front-of-package peril and potential
Confused consumers, F.D.A. scrutiny are challenges
CHICAGO - Food and beverage manufacturers should know both opportunity and
risk exist when making claims on the front
of packages, according to speakers at Wellness 10 presented by the Institute of Food
Technologists March 24-25 in Chicago. Some
claims may draw unwanted attention from a
more active Food and Drug Administration
while too many claims may clutter the front
of a package and confuse consumers.
Tony Pavel, a partner with K&L Gates

L.P., spoke about a more active F.D.A. in his
March 25 presentation.
"You've got a lawyer in the morning, and
a lawyer with bad news," he told the audience. "Sorry."
Mr. Pavel said the warning letters recently sent to 17 companies about claims on the
front of packages show how the F.D.A. is
taking a harder line into claims. The F.D.A.
has wide latitude in accusing companies of
misbranding, Mr. Pavel said.
The warning letters covered such issues
as nutrient content claims on food for infants, trans-fat claims for products actually
high in saturated fats, food products claiming to treat or mitigate diseases, and juice
products with multiple ingredients being
labeled as single juice products. In the letters the F.D.A. expressed concern that label
claims are not doing enough to help consumers distinguish healthy food choices
from less healthy choices.
"Balance is a key issue that the agency is
Continued on Page 33

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Food Business News - Apr 13, 2010

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